EPA’s Illegitimate Climate Rule

On June 2, the U.S. Environmental Protection Agency (EPA) issued a proposed rule under the Clean Air Act, the Clean Power Plan, to regulate greenhouse gas emissions from electricity generation. If finalized, the rule would constitute an unprecedented usurpation of power by the EPA from the states and fundamentally overhaul the electric industry. In fact, Congress never approved such a gross expansion of the regulatory state and President Obama never vetted this power grab with voters. Most troubling of all, the rule was written by powerful special interests that helped get the president elected. Given these realities, the Obama administration’s Clean Power Plan is an illegitimate exercise in executive authority.